Kent Mayo

Partner

Kent Mayo Photo

Washington

P: +1.202.639.1122 F: +1.202.585.1007
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Litigation and Enforcement Defense

  • Representation of water provider as national counsel defending class action litigation filed following chemical spill impacting water supplies
  • New Jersey v. RRI Energy Mid-Atlantic Power Holdings, LLC - Litigation counsel representing power producers in federal Clean Air Act citizen suit litigation in Pennsylvania
  • United States v. Louisiana Generating LLC - Lead litigation counsel representing power producer in defense and settlement of USDOJ Clean Air Act NSR lawsuit
  • WildEarth Guardians v. Public Service Company - Lead litigation counsel representing power producer in defense of Clean Air Act citizen suit alleging opacity violations
  • Representation of utility in negotiation of settlement of alleged NSR claims regarding sulfuric acid mist emissions
  • WildEarth Guardians v. Public Service Company - Litigation counsel defending power producer against Clean Air Act citizen suit alleging MACT violations; obtained favorable verdict in federal district court; dismissal upheld by Tenth Circuit Court of Appeals
  • United States v. Kentucky Utilities Company - Lead litigation counsel representing utility in defense and settlement of USDOJ Clean Air Act NSR and NSPS lawsuit
  • Sierra Club v. Dayton Power & Light - Litigation counsel for three co-owners of an Ohio power plant in defense and settlement of lawsuit alleging Clean Air Act violations
  • Representation of power producer in challenge to Title V permit by citizen groups in Tenth Circuit Court of Appeals
  • Representation of major engine manufacturer in dispute with United States regarding settlement compliance in federal district court and DC Circuit
  • Clean Air Act settlement with a major petroleum refiner requiring injunctive relief and civil penalties with respect to five refineries, including court defense of the settlement against citizen challenges
  • Complex technical settlement with a municipal entity requiring substantial injunctive relief to resolve claims under the Clean Water Act arising from unpermitted sewer overflows
  • Lead counsel on DOJ/EPA case team presented with the EPA National Superfund Enforcement “Team of the Year” Award for representation of the United States’ enforcement and defensive interests in a multiparty CERCLA action

Permitting and Compliance

  • Representation of utility in defense to administrative challenges to construction permit issued for new coal-fired generating unit in Kentucky
  • Representation of power producer in permitting actions and administrative and state judicial permit challenges to construction permit for $1.3 billion coal-fired generating unit in Colorado
  • Assisted client in defending challenges to Title V permit and responding to EPA statements on issues of first impression regarding PM2.5 monitoring
  • Advise various clients on NSR and Title V compliance issues, as well as compliance with changing regulatory requirements under national regulatory programs including the EGU MACT, Boiler MACT, Clear Air Interstate Rule, Cross-State Air Pollution Rule, SSM Policy and greenhouse gas regulations